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60 Cards in this Set
- Front
- Back
Merger Crimes:
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Solicitation & Attempt
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What Crime does NOT merge?
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Conspiracy
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No Merger when _____ victims
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Two
Transferred Intent |
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Elements of Crime:
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Actus Reus
Mens Rea Concurrence Causation/Harmful Effect |
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Actus Reus: conduct must be your own ________
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volition
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Actus Requs does not include ________________
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Reflexive acts
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______ duty to act/resuce unless
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By Contract Nurse/Lifeguard on duty
By Statute--file tax returns By Relationship Voluntarily assume responsibility and fail to adequately do it Where your conduct creates the peril |
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Specific Intent Crimes:
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Solicitation, Attempt, Conspiracy, Assault, First Degree Murder, Larceny, Embezzlement, False Pretenses, Robbery, Burglary, Forgery
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Defenses for Specific Intent Crimes:
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Voluntary Intoxication
Mistake of Fact (does not need to be reasonable) |
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Solicitation ends when you _________ someone to do it
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Ask
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Conspiracy is an ________ with the ______________ and _____________ an ________ objective
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Agreement
Intent to Agree Intent to Pursue Unlawful |
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In Conspiracy the Co is responsible for ____ crimes of conspiracy committed in _________ of the conspiracy as well as all _________ crimes
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ALL
Furtherance Forseeable |
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For Conspiracy you need an _________ act, but it can be very _________
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Overt
Small |
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Withdraw in Conspiracy: you must try to adequately ___________ but you are still guilty of _______________ but not ______________
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relieve/rectify
conspiracy subsequent crimes |
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If Co-Conspirator is acquitted then you are ___________ from conviction
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Precluded
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Attempt requires: __________ and _______ act
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specific intent
overt act that is SUBSTANTIAL |
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Attempt can be defended by
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Legal Impossibility
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Malice Crimes
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Murder and Arson
Malice or Reckless disregard that high risk of harm will occur |
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General Intent: intent is __________ from act. All crimes not listed unless ___________
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inferred
Strict liability |
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Transferred Intent
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Try to kill V1 but kill V2, no merger.
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Strict Liability: any defense that ____________ intent is NOT a defense for Strict Liability
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Negates
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Consent is NOT a defense for
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Statutory Rape
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_____________ is not a defense for Strict Liability
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Mistake of Fact
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How to tell if crime is strict liability:
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If its administrative, regulatory, or deals with morality and there are no Adverbs (knowingly, willingly, etc) then it is strict liability
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Purposefully is where you take ________ objective to engage in certain conduct
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Conscious
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Knowingly is where you are ________ that conduct is __________ to cause result
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Aware
Very Likely |
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Recklessly is where you _________ disregard a ________ or unjustifiable risk
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Consciously
Substantial |
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Negligently is where you _________ to be aware of __________ and unjustifiable risk
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Fail
Substantial |
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Accomplices are liable for ________ crimes and all other ___________ crimes
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All
Foresee |
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An accomplice must be ________ and _______ involved in crime
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Present
Actively |
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Accomplice is someone who:
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Encourages, Aids, Advises the principle
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Accomplice withdraw:
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Repudiate if encourages or do everything you can to neutralize, alternatively call the police
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Insanity Defense
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M'Naughten: lacked ability to know wrongfulness
Irresistible Impulse: Unable to control actions Durham: But for mental disease... MPC: Lacked ability to conform conduct to law |
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Voluntary Intoxication Defense
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Specific Crimes only
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Involuntary Intoxication
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Must be unknowingly or under Duress
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Mistake of Fact Defense
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Defense where mistake negates intention:
Specific Any reason Malice and General Reasonable mistake only |
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Exclusionary Rule prohibits into of evidence in violation of 4th amendment _______, 5th amendment _____ or _________ and 6th amendment _____________
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Search
Miranda Due Process Right to Counsel |
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Limitations on Exclusionary
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Knock and Announce, Good Faith Defense, Parole, Must Violate Consitution or State Stat
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Good Faith Defense on (3):
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Judicial opinion later reversed
Stat later unconstitutional Defective Warrant |
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Good Faith is not a defense where affidavit lacks _______
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Probable Cause
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Good faith is not a defense if warrant fails to state _______________________
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with particularity places and things to be searched
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Good faith is not a defense if police
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Lie or mislead magistrate
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Good Faith is not a defense if magistrate
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wholly abandoned his judicial role
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Impeachment: You can use inadmissible ____________ warnings to impeach credibility of the D if he takes the stand
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Miranda
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Fruit of the Poisonous Tree Exceptions. 3 Is
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Independent Source
Inevitable Discovery Intervening Acts of Free will by D |
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Don't need Arrest Warrant in _____________ place
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Public
but do need PC for station house detention |
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Investigatory Detention requires ________________
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Reasonable Suspicion
Road blocks need: neutral and related to problem only |
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Evidentiary Search Test: does person have __________ right? Do police have _________
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4th amendment right ( government conduct and reasonable expectation of privacy/standing)
Valid search warrant--if not, good faith defense? |
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Government Conduct =
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Police (on or off duty) or private individual working under their direction
NO security guard, but yes to Campus Police because deputized |
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Automatic Reasonable Expectation of Privacy/Standing where you ___________ premises searched ________ on premises, or you are an ________________
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Own
Live Overnight guest = the right to object to search |
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Probable Cause is
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Probability that evidence will be found in area searched
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Don't need warrant for:
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Incident to Arrest, Automobile, Plain View, Consent, Stop and Frisk, Community Caretaker, Hot Persuit
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Standing sometimes where your own property is _________, or ______________________
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seized
legit present when search took place |
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Warrants require two Ps
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Probable Cause & Particularity
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Don't need to knock and announce where D___________, F___________, D___________
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Dangerous, Futile, Destruction of Evidence
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Arrest incident to Arrest: Arrest must be __________ and search ______________with ____________________. You can search person and ___________.
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Lawful
Contemporaneous Time and Place Grab Area |
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SIA: if D is not in full custody you can if _______________that you will find evidence ___________ to crim
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reasonable belief
related e.g. invalid license--cant search for coke but if DUI can search for alcohol |
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Automobile Exception to Warrant:
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Can search whole car including trunk and any package if probable cause
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Community caretaker: you can search for _____________ without a warrant
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Emergency that threatens health or safety of public
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Public School Search: you can search kids who participate in _______________ if __________ chance of finding wrong, measured adopted to carry out are _____________ to objective search, and it is not ______________
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Extracurricular
Moderate Reasonably related excessive |